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HomeMy WebLinkAbout09-10-2020 Planning Commission MinutesSeptember 10, 2020 Planning Commission Minutes The Planning Commission met virtually Thursday, September 10, 2020 at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Lee Turner, Chairperson; Art Dyas; Harry Kohler; John Worsham; Jason Langley; Clarice Hall-Black; Kevin Boone, Council Liaison; Buford King, Development Services Manager; Hunter Simmons, Planning and Zoning Manager; Carla Davis, Planner; Samara Walley, Planner; Emily Boyett, Secretary; and Ken Watson, City Attorney Absent: Rebecca Bryant and Hollie MacKellar Chairman Turner called the meeting to order at 5: 19 PM and explained the procedures of the meeting. Mr. Turner took a roll call of those present. Mr. Simmons welcomed Jason Langley, Fairhope Public Utilities Water and Sewer Superintendent to the Commission. SD 20.23 Public hearing to consider the request of Eastpark, LLC for Preliminary plat approval of Parkstone Subdivision at Eastpark PUD, a 40-lot division, Tom Granger. The property is approximately 12.63 acres and is located on the north side of Parker Road just east of US Hwy. 98. Mr. Jeffries gave the staff report saying the property is zoned PUD to allow 39 single family residential lots and one commercial lot with B-2 General Business District allowed uses. The most significant change between the PUD site plan and the proposed preliminary plat is the location of green space. The Commission's comments from last month's meeting on greenspace have been addressed. One lot was removed to make the greenspace contiguous. Staff recommendation is to APPROVE. Tom Granger and Matt Sanky were present to answer any questions. Art Dyas made a motion to accept the staff recommendation to APPROVE SD 20.23 Parkstone Subdivision. Kevin Boone 2nd the motion and the motion carried unanimously with the following vote: AYE Art Dyas, Harry Kohler, John Worsham, Lee Turner, Jason Langley, and Kevin Boone. NAY -none. SD 20.28 Public hearing to consider the request of Carrigan Britt, LLC for Preliminary approval of Park Place on Greeno, a 35-unit multiple occupancy project, Larry Smith. The property is approximately 5.25 acres and is located on the east side of US Hwy. 98 just north ofVolanta Avenue. Mr. Jeffries gave the staff report saying the property is zoned PUD and 35-units are proposed. The landscape plan was reviewed by the Tree Committee and those comments have been incorporated into the plans. The property being a PUD has an approved site plan that this Multiple Occupancy Project had to be reviewed against as well. The MOP is approving the unit count and ensuring there is adequate utilities, drainage, and fire protection. A self-imposed mandatory site plan review has been added for some building sites where existing heritages are located to help ensure minimal disturbance to the trees. Staff recommendation is to APPROVE with the following conditions: 1. An application for MOP final approval shall reflect as-built conditions, any required drainage and/or utility easements, clearly delineate any utilities or ROWs 1 September I 0, 2020 Planning Commission Minutes desired for dedication to the City of Fairhope, the O&M plan and agreement, and a maintenance and guaranty agreement and maintenance bond for any utilities or ROWs to be dedicated to the City of Fairhope. Any other required closeout documents required for the MOP shall be furnished at the time of MOP final approval request. 2. Mandatory Site Plan Review for the building pads proposed by the applicant shown on Mandatory Site Plan Review Exhibit. Larry Smith of S.E. Civil Engineering, LLC addressed the Commission saying the site conforms with the approved PUD and the only adjustments were to accommodate the existing trees. The applicant requests not to have a hedge buffer along the east property line to keep the view of the farmland. Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. Mr. Turner stated the view is beautiful and asked for staffs thoughts. Mr. Jeffries stated the Landscape Ordinance requires the buffer and Mr. Watson explained the Commission does not have the authority to grant a waiver to the Landscape Ordinance. Art Dyas made a motion to accept the staff recommendation for APPROVAL of SD 20.28 Park Place on Greeno with the following conditions: 1. An application for MOP final approval shall reflect as-built conditions, any required drainage and/or utility easements, clearly delineate any utilities or ROWs desired for dedication to the City of Fairhope, the O&M plan and agreement, and a maintenance and guaranty agreement and maintenance bond for any utilities or ROWs to be dedicated to the City of Fairhope. Any other required closeout documents required for the MOP shall be furnished at the time of MOP final approval request. 2. Mandatory Site Plan Review for the building pads proposed by the applicant shown on Mandatory Site Plan Review Exhibit. John Worsham 2nd the motion and the motion carried unanimously with the following vote: AYE Art Dyas, Harry Kohler, John Worsham, Lee Turner, Jason Langley, and Kevin Boone. NAY -none. SD 20.39 Public hearing to consider the request of Karen Alford for plat approval of Lawrence Road Subdivision, a 2-lot minor division, David Diehl. The property is approximately 39.94 acres and is located at the southeast comer of the intersection of Lawrence Road and Gayfer Road Extension. Mr. King gave the staff report saying the project is located in unzoned Baldwin County and the applicant is requesting waivers for fire hydrants and sidewalks. Staff recommendation is to DENY due to the following deficiencies: 1. Non-installation of sidewalks as required by Article VI Section "D". a. A waiver from sidewalk requirements has been submitted by the applicant for the Planning Commission's consideration b. The City of Fairhope Comprehensive Plan appears to contemplate sidewalk installation in the area of subject property as a component of an emerging HWY 181 / Fairhope Ave village. 2. Non-installation of fire hydrants as required by Article VI Section "G". a. A waiver from fire hydrant requirements has been submitted by the applicant for the Planning Commission's consideration. 2 September 10, 2020 Planning Commission Minutes David Diehl of S.E. Civil Engineering, LLC addressed the Commission saying this type of request is not contemplated by the City's Subdivision Regulations. He explained the applicant is agreeable to a sidewalk easement but not the installation of a sidewalk due to the exorbitant cost. Mr. Turner opened the public hearing. Having no one present to speak, Mr. Turner closed the public hearing. Mr. Boone noted there are no existing sidewalks along Lawrence Road to tie into, but an easement is needed for future installation and Mr. Dyas and Mr. Turner agreed. Mr. Dyas asked the location of the closest fire hydrant and Mr. Diehl stated at the comer of Gayfer Road Extension and Lawrence Road and the flow test showed plenty of pressure. Art Dyas made a motion to APPROVE with the following conditions: 1. A 1 O' sidewalk easement shall be added to the plat along Lawrence Road. 2. A fire hydrant shall be installed at the common lot line dividing the property. If the existing water line cannot support a fire hydrant then the water line must be upgraded to accommodate the fire hydrant. 3. The applicant shall have 120-days to complete the improvements and record the plat. Kevin Boone 2nd the motion and the motion carried with the following vote: A YE -Art Dyas, Harry Kohler, John Worsham, Lee Turner, Jason Langley, and Kevin Boone. NAY-none. SD 20.40 Public hearing to consider the request of FST Aldi, Inc. of Alabama for plat approval of Aldi Subdivision, a 2-lot minor division, Melibe Thomas. The property is approximately 7.14 acres and is located on the northeast comer of the intersection of State Hwy. 181 and County Road 48 (a.k.a. Fairhope Avenue). Mr. King gave the staff report saying the property is unzoned in Baldwin County and the applicant is not proposing any infrastructure or improvements. Staff recommendation is to APPROVE with the following condition: 1. Memorialize an excerpt from the approval of SD 20.19 from the May 4, 2020 City of Fairhope Planning Commission meeting which included a requirement that a note on the plat indicate sidewalks shall be built at the time of development. Melibe Thomas ofKimley-Hom was present on behalf of the applicant. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Mr. Dyas suggested the sidewalk easement be moved outside of the future expansion of St. Hwy. 181. Art Dyas made a motion to APPROVE with the following conditions: 1. A note shall be added to the plat stating sidewalks shall be constructed along Fairhope A venue at the time of development. 2. A note shall be added to the plat stating sidewalks shall be constructed along State Hwy. 181 within the right-of-way after the four-lane widening or within sidewalk easements adjacent to the right-of-way as approved by staff. Kevin Boone 2 nd the motion and the motion carried unanimously with the following vote: AYE Art Dyas, Harry Kohler, John Worsham, Lee Turner, Jason Langley, and Kevin Boone. NAY -none. 3 September 10, 2020 Planning Commission Minutes SD 20.41 Public hearing to consider the request of the Retirement Systems of Alabama for Final plat approval of Battles Trace, Phase 7, a 38-Iot subdivision, Tim Lawley. The property is approximately 18.9 acres and is located on the east side of Colony Drive just north of County Road 34 (a.k.a. Battles Road). Mrs. Walley gave the staff report saying the property is zoned TR (Tourist Resort) District and is consistent with the approved preliminary plat. Staff recommendation is to APPROVE with the following condition: 1. Memorialize the follow-up activities required by staff and the applicant more fully- described in the staff report. Tim Lawley of GMC, LLC was present on behalf of the applicant. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. John Worsham made a motion to accept the staff recommendation for APPROVAL of SD 20.41 Battles Trace, Phase 7 with the following condition: 1. Memorialize the follow-up activities required by staff and the applicant more fully- described in the staff report. Kevin Boone 2nd the motion and the motion carried with the following vote: A YE -Art Dyas, Harry Kohler, John Worsham, Lee Turner, Clarice Hall-Black, and Kevin Boone. NAY -none. ABSTENTION -Jason Langley. SR 20.02 Request of Left Rigger, LLC for Site Plan approval of Portico, Phase 2, a 12-unit project, Chris Haley. The property is approximately 3.52 acres and is located on the northeast corner of Fairhope A venue and Brown Street. Mr. Jeffries gave the staff report saying this is an amendment to an existing approved Site Plan. The original approved development was 7 two story buildings with a total of 33 residential units and 23 commercial units. The proposed Site Plan includes 12 cottages, 4 townhomes, and 2 three story buildings each containing 8 flats and 2 commercial units a piece. Commercial on the first floor and residential on the second and third floor. Residential use had an increase of +/-17,008 S.F. Commercial use had a decrease of +/-4,262 S.F. The original Site Plan approval was before the property was inside the Central Business District (CBD). The amended Site Plan proposed does not meet the intent of the Central Business District and does not meet the intent of the Comprehensive Plan. Staff recommendation is for DENIAL of SR 20.02 Portico Phase 2. Mr. Turner disclosed he had a meeting with the developer regarding first floor commercial uses. Chris Haley, applicant, addressed the Commission saying the CBD requires the first floor be commercial use and upper floors be residential. He explained he is revising the site to transition from busy Fairhope A venue to the existing residential neighborhood. He stated he does not want to prohibit commercial on Brown Street, so he is maintaining the B-2 zoning designation. He said he would not impose any deed restrictions on the residential portion. Lewis Nequette, ofNequette Architecture & Design, addressed the Commission saying this project extends the urban grid and creates a walkable neighborhood while improving all four sides with streetscape. He explained the design provides a soft transition to residential with 3-story mixed use to high density residential and provides pedestrian access. Mr. Turner opened the floor for public comments. No one was present to speak. 4 September IO, 2020 Planning Commission Minutes Mr. Turner stated Downtown makes Fairhope what it is and mixed-use is required in the CBD to protect the Downtown. He said he likes the residential use; however, he is concerned with future use but likes that they will not be restricted. Mr. Dyas noted the site was not in the CBD when originally approved but now it is and the applicant is adding residential properties without greenspace. Mr. Dyas asked if all the shown parking is required and Mr. Haley responded no, only 32 spaces are required out of the 100 provided. Mr. Haley noted there is a 23'x14' yard for each of the residential units and stated the approved Henry Lofts has no greenspace. Mr. Simmons suggested the following conditions if the Commission was inclined to approve the application: 1. Building height shall be no greater than 40' including architectural features, parapet walls, roof equipment/screening, and the like. 2. Sanitary services shall be agreed upon between the applicant and the Public Works Director. Private sanitary services may be required. 3. Site plan shall reflect cottages are available for business use. Art Dyas made a motion to APPROVE with the following conditions: 1. Building height shall be no greater than 40' including architectural features, parapet walls, roof equipment/screen, and the like. 2. Sanitary services shall be agreed upon between applicant and Public Works Director. Private sanitary services may be required. 3. Site plan shall reflect cottages are available for business use. Kevin Boone 2nd the motion and the motion carried with the following vote: A YE -Art Dyas, Harry Kohler, John Worsham, Lee Turner, Jason Langley, and Kevin Boone. NAY -Clarice Hall-Black. SD 20.43 Public hearing to consider the request of 68V Pay Dirt, LLC for Village Subdivision approval of Laurelbrooke Subdivision, a 100-lot division, John Avent. The property is approximately 59.72 acres and is located on the east side of State Highway 181 approximately ½ mile north of County Road 24. Mr. King gave the staff report saying the property is unzoned in Baldwin County but is within the extraterritorial jurisdiction of the City of Fairhope. The proposed development will consist of two 50-lot phases. Staff recommendation is to APPROVE with the following conditions: 1. The village subdivision shall be limited to 100 single-family residential lots with a minimum lot size of 8,400 square feet. a. Setbacks shall comply with the Baldwin County Subdivision Regulations for unzoned property; and b. Lot coverage shall be restricted to 40% of the principle structure and 25% of the required rear yard for accessory structures; and c. Maximum building height of principle and accessory structures shall be 30 feet; and d. Accessory structures must maintain a minimum 1 O' separation from principle structures and must be located behind the rear building line of the principle structure; and e. Accessory dwellings are prohibited. 2. Minimum greenspace shall be 15% of the entire property and shall otherwise comply with Article V Section "C" of the City of Fairhope Subdivision Regulations. 3. Minimum undisturbed space shall be 30%. 5 September 10, 2020 Planning Commission Minutes 4. The lake shall be a minimum of 3.39 acres and shall not be counted toward greenspace calculations to emphasize the lake as a standalone amenity in addition to its use as a storm water facility. a. The lake shall be stocked with fish as is typical for the Baldwin County climate with species selected by the applicant; and b. Lake side slopes shall not exceed 4:1 as required by ordinance 1444. 5. Layout of the village subdivision shall otherwise be in substantial conformance with the drawing hereinafter referred to as Appendix "A". a. Any statements on Appendix "A" to the effect of "need not be built" are null and void for the purposes of this approval. 6. Amenities listed as items "A" through "Q" on the drawings referred to hereinafter as Appendix "B" and "C" shall be furnished and installed in Phase 1 of the development prior to final plat approval. Appendix "B" and "C" represents the minimum quantities of amenities to be furnished. The preliminary plat application for Phase 1 shall include for approval by the Planning Commission: a. Dimensioned and fully-detail drawings and color renderings of all signage and wayfinding; and b. Dimensioned and fully-detailed drawings and color renderings of the pier, shade structure, fitness stations, benches, fire pits, mail kiosk, treehouse, and "cut sheets" of all site lighting light fixtures outside the public ROW; and c. Light fixtures within the public ROW shall be limited to 15' tall. Submit a "cut sheet" for approval of the light fixtures and indicate the proposed color of the fixture; and d. All street trees and sidewalks within each phase shall be installed prior to final plat application submission; and e. Any statements on Appendix "B" and "C" to the effect of "need not be built" are null and void for the purposes of this approval. 7. As a pre-requisite to preliminary plat submission, the tree preservation plan and street tree plan, hereinafter referred to as appendices D,E,F, and G shall be reviewed and approved by the City of Fairhope Horticulturalist and/or tree committee, as applicable, for compliance with ordinance 1444. a. Any and all revisions to appendices D,E,F, and G will be included in the preliminary plat approval application to memorialize their approval. b. Any statements to the effect of "need not be built" on appendices D,E,F, and G are null and void for the purposes of this approval. c. Subject property lies within the Police Jurisdiction of the City of Fairhope and thus Tree Ordinance (number 1444) is applicable. d. Coordinate the mail kiosk parking area and all amenities depicted on appendices A,B and C so that they are reflected on appendices D,E,F, and G. 8. For the applicant's information -subject property is located within the City of Fairhope Police Jurisdiction and as such the signage ordinance (number 1537) is applicable. 9. The 30' Emergency Fire Access shall be capable of being traversed by a 75,000 lb. GVWR vehicle. If this access is to be gated, emergency services access shall 6 September 10, 2020 Planning Commission Minutes be reviewed and approved by the fire authority having jurisdiction during the preliminary plat process. 10. Sidewalks are not depicted along AL HWY 181. The Planning Commission may wish to require sidewalks within a pedestrian easement on along the margin of Common Area 1 adjacent to the AL HWY 181 ROW. John Avent ofTerracore Development, LLC addressed the Commission saying this development was focused on keeping the natural resources. He highlighted the amenities, trails, 50' perimeter buffer, and noted no lot backs up to another lot. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Kevin Boone made a motion to accept the staff recommendation for APPOV AL of case number SD 20.43 Laurelbrooke Village Subdivision initial site plan, subject to the following conditions of approval: 1. The village subdivision shall be limited to 100 single-family residential lots with a minimum lot size of 8,400 square feet. a. Setbacks shall comply with the Baldwin County Subdivision Regulations for unzoned property; and b. Lot coverage shall be restricted to 40% of the principle structure and 25% of the required rear yard for accessory structures; and c. Maximum building height of principle and accessory structures shall be 30 feet; and d. Accessory structures must maintain a minimum 1 O' separation from principle structures and must be located behind the rear building line of the principle structure; and e. Accessory dwellings are prohibited. 2. Minimum greenspace shall be 15% of the entire property and shall otherwise comply with Article V Section "C" of the City of Fairhope Subdivision Regulations. 3. Minimum undisturbed space shall be 30%. 4. The lake shall be a minimum of 3.39 acres and shall not be counted toward greenspace calculations to emphasize the lake as a standalone amenity in addition to its use as a stormwater facility a. The lake shall be stocked with fish as is typical for the Baldwin County climate with species selected by the applicant; and b. Lake side slopes shall not exceed 4: 1 as required by ordinance 1444. 5. Layout of the village subdivision shall otherwise be in substantial conformance with the drawing hereinafter referred to as Appendix "A". a. Any statements on Appendix "A" to the effect of "need not be built" are null and void for the purposes of this approval. 6. Amenities listed as items "A" through "Q" on the drawings referred to hereinafter as Appendix "B" and "C" shall be furnished and installed in Phase 1 of the development prior to final plat approval. Appendix "B" and "C" represents the minimum quantities of amenities to be furnished. The preliminary plat application for Phase 1 shall include for approval by the Planning Commission: a. Dimensioned and fully-detail drawings and color renderings of all signage and wayfinding; and 7 September I 0, 2020 Planning Commission Minutes b. Dimensioned and fully-detailed drawings and color renderings of the pier, shade structure, fitness stations, benches, fire pits, mail kiosk, treehouse, and "cut sheets" of all site lighting light fixtures outside the public ROW; and c. Light fixtures within the public ROW shall be limited to 15' tall. Submit a "cut sheet" for approval of the light fixtures and indicate the proposed color of the fixture; and d. All street trees and sidewalks within each phase shall be installed prior to final plat application submission; and e. Any statements on Appendix "B" and "C" to the effect of "need not be built" are null and void for the purposes of this approval. 7. As a pre-requisite to preliminary plat submission, the tree preservation plan and street tree plan, hereinafter referred to as appendices D,E,F, and G shall be reviewed and approved by the City of Fairhope Horticulturalist and/or tree committee, as applicable, for compliance with ordinance 1444. a. Any and all revisions to appendices D,E,F, and G will be included in the preliminary plat approval application to memorialize their approval. b. Any statements to the effect of "need not be built" on appendices D,E,F, and G arc null and void for the purposes of this approval. c. Subject prope1iy lies within the Police Jurisdiction of the City of Fairhope and thus Tree Ordinance (number 1444) is applicable. d. Coordinate the mail kiosk parking area and all amenities depicted on appendices A,B and C so that they are reflected on appendices D,E,F, and G. 8. For the applicant's information-subject property is located within the City of Fairhope Police Jurisdiction and as such the signage ordinance (number 1537) is applicable. 9. The 30' Emergency Fire Access shall be capable of being traversed by a 75,000 lb. GVWR vehicle. If this access is to be gated, emergency services access shall be reviewed and approved by the fire authority having jurisdiction during the preliminary plat process. 10. Sidewalks are not depicted along AL HWY 181. The Planning Commission may wish to require sidewalks within a pedestrian easement on along the margin of Common Arca 1 adjacent to the AL HWY 181 ROW. Art Dyas 2nd the motion and the motion carried unanimously with the following vote: AYE Art Dyas, Harry Kohler, John Worsham, Lee Turner, Jason Langley, Clarice Hall- Black and Kevin Boone. NAY -none. ZC 20.04 Public hearing to consider the request of the City of Fairhope Planning & Zoning Department for a proposed amendment to Article III, Section C. Dimension Standards of the Zoning Ordinance regarding bay front lots and accessory structures, Hunter Simmons. Mr. Simmons requested the passage of an amendment to the Fairhope Zoning Ordinance, Article III.C. Dimension Standards. Specifically, to establish regulations for constructing accessory structures on waterfront lots to read as follows: 5. Waterfront Lots 8 September IO, 2020 Planning Commission Minutes a. Accessory structures may be located in front or side of principle structures on waterfront lots but may not be located within the required front or side yards. Accessory structures shall maintain minimum structure separation of 10' from the principle structure and 5' separation from all other accessory structures. b. Accessory structures located in the required rear yard of waterfront lots shall follow the dimension requirements in Table 3-3. c. Structures built over submerged state lands are exempted from the front and side yard setback requirements for accessory structures on waterfront lots. Staff recommendation is to APPROVE as requested. Mr. Turner opened the public hearing. Having no one present to speak, he closed the public hearing. Art Dyas made a motion to accept the staff recommendation to approve as requested. Kevin Boone 2nd the motion and the motion carried unanimously with the following vote: AYE-Art Dyas, Harry Kohler, John Worsham, Lee Turner, Jason Langley, Clarice Hall- Black and Kevin Boone. NAY -none. Old/New Business SD 20.33 Request of JADE Consulting, LLC for 120-day extension of Final plat approval of Hill Top Subdivision, Trey Jinright. Mr. King gave the staff report saying the applicant is requesting the additional time to allow the Baldwin County Final plat approval process to be completed. Art Dyas made a motion to approve a 120-day extension to record the final plat. Kevin Boone 2nd the motion and the motion carried unanimously with the following vote: A YE-Art Dyas, Harry Kohler, John Worsham, Lee Turner, Jason Langley, Clarice Hall- Black and Kevin Boone. NAY -none. Having no further business, Kevin Boone made a motion to adjourn. John Worsham 2nd the motion and the meeting was adjourned at 7:25 PM. ~~'-·---- Lee Turner, Chairman 9